Prabhu Kumar v. State of Himachal Pradesh 2026 INSC 253 - RpWD Act -Upper Disability Cap
"State cannot rely on arbitrary medical disability percentages to create an insurmountable barrier to professional entry. "
Rights of Persons with Disabilities Act, 2016 - Professional capability must be assessed on actual functional competence rather than a mere percentage of disability- State cannot rely on arbitrary medical disability percentages to create an insurmountable barrier to professional entry. (Para 32) The percentage of disability, by itself, cannot be treated as determinative of a candidate’s capability or suitability for public employment. The statutory framework under the RPwD Act, 2016 enjoins upon the State a positive obligation to ensure equal opportunity and to provide reasonable accommodation so that persons with disabilities are not excluded merely on account of their physical condition. (Para 27) [Context: In this case, Supreme Court held that appointment cannot be denied to a candidate with 90% locomotor disability by prescribing an upper disability cap of 60% in the advertisement, as this conflicted with the RPwD Act, 2016 and the constitutional guarantees of equality and equal opportunity. ]
Case Info
Extracted Case Information
Case name and neutral citation:Prabhu Kumar v. State of Himachal Pradesh & Others, 2026 INSC 253
Coram:Justice Vikram Nath and Justice Sandeep Mehta (Mehta, J. authored the judgment)
Judgment date:11 March 2026 (New Delhi)
Case laws and citations referred:
- V. Surendra Mohan v. State of Tamil Nadu, 2019 4 SCC 237
- Vikash Kumar v. U.P.S.C., 2021 5 SCC 370
- Union of India v. Devender Kumar Pant, (2009) 14 SCC 546
- Om Rathod v. Director General of Health Sciences, 2024 SCC OnLine SC 3130
- Anmol v. Union of India & Others, 2025 SCC OnLine SC 387
- Kabir Pahariya v. National Medical Commission & Others, 2025 SCC OnLine SC 1025
Statutes / laws referred:
The judgment primarily interprets the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016), including:
- Section 2(r) – definition of “person with benchmark disability”
- Section 33 – identification of posts for reservation
